Geologic Computer Systems, Inc. v. John D. Maclean, et al
DisputeSoft was designated as testifying expert for the defendant in this copyright infringement dispute involving software for oil and gas exploration. Plaintiff Geologic brought claims of copyright infringement, trade secret misappropriation, and breach of contract; Geologic claimed that the defendants, former employees of Geologic, took with them and attempted to sell software used for guiding and assisting earth-moving equipment, which they had developed for Geologic during their time at the company.
DisputeSoft determined that the deposited source code was comprised entirely of files of two types:
(a) files of third-party authorship, i.e., not original authorship that can be attributed to plaintiff;
(b) files not part of any version of plaintiff’s released software; accordingly, the plaintiff failed to meet the deposit requirement for registering a valid copyright.
Moreover, the printed deposit material that Geologic submitted as part of its application for copyright registration did not match the content of corresponding files on the source code CD it produced. Additionally, Geologic’s copyright application and registration certificate made material representations by claiming that Geologic was the author of the “Entire Work,” even when it knew that the work contained material authored by third parties, including material authored by the defendant prior to his employment with the plaintiff.
Disputesoft prepared a declaration in support of the defendants’ motion for summary judgment. Managing Partner and intellectual property software expert Jeff Parmet proffered an Invalidity Report on behalf of Alan Williams on April 15, 2013, followed by a Non-Infringement Report for Mr. Williams on May 15, 2013. Mr. Parmet’s deposition was taken on June 26, 2013. The case eventually settled.
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